28 September 2006
Sydney, 28 September 2006: Arbitral bodies can learn from Australian court reforms to help maintain and improve arbitration's standing as the dispute resolution tool of choice, according to Clayton Utz partner and international arbitration specialist Doug Jones AM.
Speaking on developments in international commercial arbitration at the official launch of The Western Australian Institute of Dispute Management (WAIDM) at Murdoch University today, Mr Jones said techniques employed by certain Australian courts to narrow down the differences in opinion between experts in litigation, for example - such as requiring them to exchange draft reports and to challenge one another's views through a process known as 'hot tubbing' - had a valuable place in international arbitration.
Mr Jones said there was room for further reforms in the way expert evidence was presented and relied upon in international arbitrations, including measures to guarantee the transparency and independence of experts, to ensure arbitration delivered successful outcomes. However, such reforms should be careful to preserve the integrity of the arbitration process.
"...Tribunals should be wary of going so far as to require that leave be given before any expert evidence may be adduced [for example]," said Mr Jones. "Ideally, there should be a balance between the practical concerns of case flow and time management on the one hand, and enforceability on the other."
The introduction of Codes of Conduct for experts, as proposed by the NSW Law Reform Commission for use in litigation, could also serve a useful purpose, Mr Jones said.
"A standardised code of conduct produced by arbitral institutions would provide uniformity and remind experts that the same duties of independence and impartiality apply equally to the process of arbitration as they do to more formal litigation."
He added: "It is important that the practice of arbitration continues to improve and advance in order that the arbitral process may continue to be of value to parties."
Mr Jones, who heads the International Arbitration and Major Projects Groups at Clayton Utz, said the launch of WAIDM represented another milestone in Australia's ongoing efforts to promote the use of arbitration to resolve commercial disputes and to educate the arbitrators of the future.
WAIDM is the WA Registry of the Australian Centre for International Commercial Arbitration. It aims to provide a centre of excellence in domestic and international arbitration through research and training and the provision of arbitration and other dispute resolution services to WA's legal and business communities. WAIDM was officially launched today by The Hon. Justice Christopher Steytler, President of the Court of Appeal, Supreme Court of Western Australia, at a function at the Murdoch University School of Law.
Mr Jones holds positions on a number of significant arbitration bodies. These include the Australian Centre for International Commercial Arbitration (Vice-President), the Chartered Institute of Arbitrators London (Fellow and Chairman of the Board of Trustees) and the Asia-Pacific Council of the London Court of International Arbitration (Vice-President).
Another well-known name in arbitration, Professor Michael Pryles, also addressed attendees at the WAIDM launch. Professor Pryles is a consultant at Clayton Utz, and serves as President of the Australian Centre for International Commercial Arbitration and the Asia-Pacific Regional Arbitration Group, as well as a Court Member of the London Court of International Arbitration. He has heard over 60 international arbitrations in Europe, Asia, the United States and Australia.
